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201300554 <br />4. If Lender determines that any part of the property is subject to a lien, which is or may attain priority <br />over this security instrument, Lender may give Borrower a notice identifying the lien and Borrower shall satisfy the <br />lien within 30 days. <br />5. Buyer shall keep the improvements on said premises insured against loss by fire and hazards included <br />within the term "extended coverage" for their insurable value and policies for the same shall include a standard <br />mortgage clause showing Lender herein. In event of loss, Lender may make proof of loss if not promptly made by <br />Borrower. Insurance proceeds shall be applied to restoration or repair of the property damaged, unless both parties <br />otherwise agree, except if restoration or repair is not economically feasible or Lender's security is not lessened, <br />otherwise said proceeds shall be paid on the debt herein, whether or not then due. <br />Unless Lender and Borrower otherwise agree in writing, any payments or proceeds from insurance shall not <br />extend or postpone the due date of the monthly payments provided in said note, or change the amount of the <br />payments. <br />6. If Borrower fails to perform the covenants and agreements herein contained, Lender may do and pay for <br />whatever is necessary to protect the value of the property and Lender's rights in the property, including the paying of <br />any sum secured by a lien which has priority over this security instrument, appearing in Court, paying reasonable <br />attorney fees and entering the property to make repairs. Any amount disbursed by Lender under this paragraph shall <br />become an additional debt of Borrower secured by this security instrument, to bear interest from the date of <br />disbursement and said amount, together with the lien unpaid principal amount, shall bear interest at the highest <br />lawful rate until refunded by Borrower. <br />7. The proceeds of any condemnation award are hereby assigned and shall be paid to Lender and shall be <br />applied to the sums secured by this security instrument, whether or not then due, with any excess paid to Borrower. <br />8. Any extensions or modifications of the loan granted by Lender to any successor in interest of Borrower <br />shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Any <br />forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any <br />right or remedy. <br />9. Any notice to Borrower provided for in this security instrument shall be given by delivering it or by <br />mailing it by first class mail unless Nebraska Law requires use of another method, at the Borrower's last known <br />address. <br />10. This security instrument and the note which it secures shall be governed by Nebraska Law. <br />11. Lender shall give notice to Borrower following Borrower's breach of any covenant or agreement in this <br />security agreement, the loan agreement, and the note which it secures. The notice shall specify (a) the default, (b) <br />the action required to cure the default, (c) a date not less than 30 days from the date the notice is given to Borrower <br />by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the <br />notice may result in acceleration of the sum secured by this security agreement and resale of the property. The <br />notice shall further inform borrower of the right to reinstate, after acceleration, and the right to bring a court action <br />to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If default is not <br />cured, on or before the date specified in the notice, Lender, at its option, may require immediate payment in full of <br />all sums secured by this Security agreement without further demand and may invoke the power of sale and any other <br />remedies permitted by Nebraska Law. Lender shall be entitled to collect all expenses incurred in pursuing the <br />remedies provided in this paragraph, including but not limited to reasonable attorney fees and costs of title evidence. <br />12. Standstill Restrictions. So long as the Nebraska Fund XVII, L.P., (or an Affiliate thereof) is the <br />Investor Member of Borrower, Lender will not commence (i) foreclosure proceedings with respect to the Property <br />under the Loan Documents or exercise any other rights or remedies it may have under the Loan Documents, <br />including, but not limited to, accelerating the Loan, collecting rents, appointing (or seeking the appointment of) a <br />receiver or exercising any other rights or remedies thereunder, or (ii) join with any other creditor in commencing any <br />bankruptcy reorganization, arrangement, insolvency or liquidation proceedings with respect to the Borrower (the <br />"Standstill Restrictions "). The Standstill Restriction shall only be applicable during the "Tax Credit Compliance <br />